A defendant shall be punished by imprisonment for four months.

However, the execution of sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant around April 6, 2010, at the French coffee shop located in Seocho-gu Seoul Metropolitan Government, "E works at the attorney-at-law office, and makes an investment in the real estate auction at the attorney-at-law office. However, if a successful bid is made, a lot of profits can be earned. If the defendant lent KRW 50 million to the real estate auction, he/she will make an investment in the real estate auction and pay the borrowed money within six months.

The phrase “ makes a false statement.”

However, the defendant had no intent to invest the above money in the auction of real estate with the intention to use the money received from the damaged person for other purposes such as living expenses, etc., and the defendant did not have no intention or ability to pay the above money normally due to no particular property or income at the

Nevertheless, the defendant deceivings the victim as above and acquired the victim by delivering a copy of KRW 50 million on the same day from the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to D's testimony;

1. Provisions of Article 347 (1) of the Criminal Act, and selection of punishment by imprisonment;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) in the form of general fraud 1 (less than 100 million won) on the grounds of the sentencing guidelines of the suspended sentence, the amount of punishment is not to be imposed (12,00,000 won has been remitted to the victim’s passbook by August 21, 201; (b) there are grounds for additional 10 million won after the closure of pleadings; and (c) there are grounds for the first offense as a mitigation factor of general sentencing, and (d) the main sentence is set in the mitigated area (1 year) and the execution is postponed by taking into account the aforementioned circumstances as positive factors for the suspended sentence.